Baahuddin vs The State Of Madhya Pradesh
2023 Latest Caselaw 8111 MP

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                          CRA No. 6825 of 2023
        (BAAHUDDIN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)



Dated: 22.05.2023.

      Shri Akash Rathi- Advocate for the appellants.
      Shri      Tarun    Kushwah-      Government         Advocate    for    the
respondent/State.

Heard on the question of admission.

Admit.

Call for the records.

Also heard on I.A. No.7361/2023, an application for hearing during vacation.

For the reasons stated in the application, I.A. No.7361/2023 is allowed.

Also heard on I.A. No.7360/2023, which is an application filed under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant No.1- Baahuddin, No.2-Raja @ Zishan and No.3- Jugnoo @ Zibran.

This appeal has been preferred against the judgment dated 02.05.2023 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District-Alirajpur in SC ATR No.03/2022 whereby each of the appellants have been convicted and sentenced as under:-

Offences U/S Conviction Fine Sentence in default of payment of Fine

504 of IPC 06 months R.I. Rs.2,000/- 01 month R.I.

506 of IPC (Part 2) 06 months R.I. Rs.2,000/- 01 month R.I.

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3(1)(r) of SC/ST 01 year R.I. Rs.2,000/- 03 months R.I. (Prevention of Atrocities) Act 3(1)(s) of SC/ST 01 year R.I. Rs.2,000/- 03 months R.I. (Prevention of Atrocities) Act 3(1)(z) of SC/ST 01 year R.I. Rs.2,000/- 03 months R.I. (Prevention of Atrocities) Act

Learned counsel for the appellants submits that the trial Court has already suspended the jail sentence till 10/07/2023 and they have been wrongly convicted. The learned trial Court has erred in appreciating the evidence on record. The appellants were on bail during trial and they did not misuse the liberty so granted. The fine amount has already been deposited by them. The appellants are permanent resident of District- Alirajpur (M.P.). There are fair chances of success of this appeal. They are ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for suspension of sentence is made.

An early hearing of this appeal is not possible. Taking into consideration the facts and circumstances of the case, the I.A. No.7360/2023 is allowed.

It is, therefore, directed that if appellant No.1- Baahuddin, No.2- Raja @ Zishan and No.3- Jugnoo @ Zibran deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) each with a solvent surety each in the like amount, to the satisfaction of trial Court for their appearance before the Registry of this Court on 9th October, 2023 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

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List the appeal for final hearing as per its turn. In the meanwhile, learned counsel for the State is directed to serve the complainant.

C.C. as per rules.

(S. A. DHARMADHIKARI) V. JUDGE N.R.

NAREND Digitally signed
         by NARENDRA
RA       KUMAR
KUMAR RAIPURIA
         Date: 2023.05.23
RAIPURIA 13:35:40 +05'30'